Order by:
Sh.Amrinder Singh Sidhu, President
1. This Consumer Complaint has been received by transfer vide order dated 26.11.2021 of Hon’ble President, State Consumer Disputes Redressal Commission, Punjab at Chandigarh under section 48 of CPA Act, vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2022 from District Consumer Commission, Ludhiana to District Consumer Commission, Moga to decide the same in Camp Court at Ludhiana and said order was ordered to be affected from 14th March, 2022.
2. The complainant has filed the instant complaint under section 12 of the Consumer Protection Act, 1986 (now section 35 of Consumer Protection Act, 2019) on the allegations that the complainant purchased one second hand i20 Car, bearing registration No. PB-10-DW-7339, Engine No. DFCCU179595, Chassis No. MALBB51RLLM462913 from the Opposite Party for an amount of Rs. 4,78,500/- vide invoice/receipt Sr. No. 1481 dated 02.12.2016. At the time of selling the above said car the Opposite Party assured the complainant that the vehicle is in good condition and was running only about 50,000/- KM. The complainant believing its assurance to be true purchased the said car. At that time the complainant went to there with his friend and on one Ishpal Singh. In the month of May 2017, the front glass of the car was broken and the complainant went the workshop at Northern Hyundai Motors, Near Malhotra Resort, Jalandhar Road, Ludhiana where the complainant stunned to know that the speedometer of the car of the complainant was tampered by the Opposite Party and the same was reversed. As per the earlier services of the workshop lastly the speedometer was at 78141 on 30.11.2016. The complainant got served the Opposite Party with a legal notice dated 26.12.2017 through his counsel and the said notice was duly served upon the Opposite Party, but till date nothing has been done by the Opposite Party. By adhering the genuine requests of the complainant the Opposite Party has clearly violated the provision of Consumer Protection Act of providing deficiency in services as well as of an unfair trade practice. Vide instant complaint, the complainant has sought the following reliefs:-
a) Opposite Party may be directed to replace the car of the complainant or to refund the amount of Rs.4,78,500/- received by Opposite Party alongwith interest @ 18% p.a.
b) To pay an amount of Rs.1,00,000/- as compensation on account of mental tension, agony and harassment and deficient services.
3. Opposite Party appeared through counsel and contested the complaint by filing written version taking preliminary objections therein inter alia that the complaint is not legally maintainable and is liable to be dismissed. The complainant has approached the court with clean hands and is guilty of suppression of true, actual and material facts from this court. As per the allegations of the complaint itself, the complicated questions of law and facts are involved in the present complaint and it requires detailed evidence and cross-examination of the witnesses and that too by filing civil suit in the civil court and hence this complaint is liable to be dismissed. The complainant has been using the vehicle for commercial purposes as represented by him at the time of purchase and as such the present complaint is not maintainable and this Forum has no jurisdiction to decide the present complaint. The complainant is estopped by his own act and conduct from filing the present complaint and it deserves dismissal out-rightly. The complaint is bad for non joinder of the necessary parties also. The complainant never called the Opposite Party or its representative in the alleged workshop of Northern India nor made any checking in front of it. On merits, it is admitted to the extent that complainant purchased the second hand i20 car. However, the complainant purchased the vehicle for commercial purposes for using as private taxi as represented by him at that time and as such the present complaint is not maintainable in this Forum. Further submitted that as per allegations of the complainant, the front glass had broken and for this purpose there is no need to check speedometer. It is also possible that the complainant would have got tampered the speedometer outside or inside the workshop to avoid his liability from paying the bank installments as he has already committed default in paying the loan installments of HDFC Bank Ltd., from which he has got financed the said vehicle and there is every reason for the complainant to create false litigation so that his vehicle may not be repossessed by the bank. Opposite Party never assured nor gave any writing regarding the reading of the speedometer of the vehicle. The complainant has concocted a false story. Remaining facts mentioned in the complaint are denied and a prayer for dismissal of the complaint is made.
4. We have gone through the documents placed on file. The case of the complainant is that he purchased one second hand i20 Car, bearing registration No. PB-10-DW-7339, from the Opposite Party for an amount of Rs. 4,78,500/- vide invoice/receipt Sr. No. 1481 dated 02.12.2016. At the time of selling the above said car the Opposite Party assured the complainant that the vehicle is in good condition and was running only about 50,000/- KM. The complainant believing its assurance to be true purchased the said car. In the month of May 2017, the front glass of the car was broken and the complainant went the workshop at Northern Hyundai Motors, Near Malhotra Resort, Jalandhar Road, Ludhiana where the complainant stunned to know that the speedometer of the car of the complainant was tampered by the Opposite Party and the same was reversed. As per the earlier services of the workshop lastly the speedometer was at 78141 on 30.11.2016. From the careful perusal of the record, it reveals that the complainant has not placed on record any document which shows that there is tampering with the speedometer of the car moreover there is no affidavit of any expert on the record to prove this fact. Moreover, the complainant has not impleaded Northern Hyundai Motors as party in the complaint, from whom, he came to know about the tampering of the speedometer of the car as alleged by him. There is only copy of legal notice and copy of purchase receipt of Alliance Automobiles Pvt. Ltd. is on record in support of complainant, which are not sufficient to prove any deficiency in service on the part of Opposite Party.
6. In view of the above, we are of the view that as the complainant has failed to prove that mischief with the setting of speedometer of car by any cogent and convincing evidence on record and the complainant has failed to prove that there is any deficiency in service on the part of the Opposite Party. In view of the aforesaid facts and circumstances of the complaint, the present complaint stands dismissed. All applications pending before this District Consumer Disputes Redressal Commission, if any, stand disposed off accordingly. Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order be furnished to the parties free of cost by District Consumer Disputes Redressal Commission, Ludhiana and thereafter, the file be consigned to record room after compliance.
7. Reason for delay in deciding the complaint.
This Consumer Complaint was originally filed at District Consumer Disputes Redressal Forum (Now Commission) at Ludhiana and it keep pending over there until Hon’ble State Consumer Disputes Redressal Commission, Punjab vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2022 has transferred the instant Consumer Complaint alongwith Other Complaints to District Consumer Disputes Redressal Commission, Moga with directions to work on this file onward from 14th March, 2022 and accordingly District Consumer Disputes Redressal Commission, Moga has decided the present complaint at Camp Court, Ludhiana, as early as possible.
Announced in Open Commission at Camp Court, Ludhiana.
Dated: 29.09.2022
